[North-NV-Greens] Patriot Act - Need Letters to the Editor - Please!
Bob Tregilus
bob at ocha.net
Tue Apr 5 21:42:19 PDT 2005
Hi folks -
Right now is the perfect time to write letters to the editor of both the
Reno Gazette Journal (RGJ) and the Reno News and Review. Please write
one today! We need to keep the dialogue going after the excellent
opinion piece on Monday from a staunch Northern Nevada conservative.
With the Patriot Act hearings on capital hill and the upcoming April
20th event at the Nevada Museum of Art this will be our best opportunity
to put pressure on local officials to pass resolutions.
But we need your help! Please write a letter to the editor now!
The articles attached below should give you plenty of material to work from.
For the RGJ the letter must be less than 200 words. Click this URL for more:
http://www.rgj.com/helpdesk/news/letter_to_editor.php
For the Reno News and Review email it here:
renoletters at newsreview.com
RN&R does not state length but I'd keep it around 150 - 200 words.
And once you've done that email your letter to Gibbons, Ensign, and Reid:
Click here for Gibbons:
http://wwwc.house.gov/gibbons/contact_feedback.asp
Click here for Ensign:
http://ensign.senate.gov/forms/email_form.cfm
Click here for Reid:
http://reid.senate.gov/email_form.cfm
Thanks!
Be well,
Bob Tregilus
775/826-4514
Acting Chair-
Nevada Campaign to Defeat the Patriot Act
http://www.ncdpa.org
---
URL: http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=17946&c=206
Patriot Act Oversight Hearing Highlights Flaws, Increasing Use Of
Special Search, Surveillance Powers
April 5, 2005
WASHINGTON - Today’s oversight hearing on the USA Patriot Act, the 2001
law that removed checks on the government’s ability to collect
information on innocent Americans, provided ample evidence that the
Patriot Act was passed with undue haste and has been flawed in its
implementation, the American Civil Liberties Union said.
FOR IMMEDIATE RELEASE
Contact: media at dcaclu.org
WASHINGTON - Today’s oversight hearing on the USA Patriot Act, the 2001
law that removed checks on the government’s ability to collect
information on innocent Americans, provided ample evidence that the
Patriot Act was passed with undue haste and has been flawed in its
implementation, the American Civil Liberties Union said.
That, coupled with evidence of increasing use and abuse of the law,
strongly recommends passage of reform legislation like the bipartisan
Security and Freedom Enhancement (SAFE) Act of 2005, which was unveiled
today.
"With the Patriot Act, everything points to a grave need for reform,"
said Gregory T. Nojeim, Associate Director of the ACLU Washington
Legislative Office. "Not only is the Justice Department using it more
and more, but Attorney General Gonzales admitted the need to fix the
law, and we have the clearest evidence of Patriot Act abuse to date in
the Mayfield case."
Today’s panel before the Senate Judiciary Committee was the first in an
expected series of Congressional oversight hearings on the Patriot Act,
parts of which are set to expire by the end of the year unless Congress
votes to renew them. In the three years since the law’s passage, a
growing and bipartisan group of conservative and progressive critics
have called on Congress to reexamine and reform certain troubling parts
of the law.
Of particular note, today’s Senate hearing highlighted how the use of
the Patriot Act’s secret search and surveillance authority has grown in
recent years. Attorney General Gonzales admitted, for instance, that the
government has used Section 215, the so-called "library records"
provision, 35 times since September 2003. According to former Attorney
General John Ashcroft, it had not been used before then.
That said, the ACLU cautiously welcomed certain ostensible concessions
from Attorney General Alberto Gonzales, who agreed to support
modifications to Section 215 clarifying that the recipient of a 215
order can consult an attorney and that the records seized must pertain
to national security.
The ACLU expressed deep concern, however, with the clearest indications
yet of Patriot Act abuse, evidenced in the Brandon Mayfield case. Last
year, the FBI falsely implicated Brandon Mayfield, an attorney from
Oregon, as a suspect in the Madrid bombing case. Today, the attorney
general admitted that the FBI used Patriot Act amendments to an
intelligence law, which the made it easier to deploy in criminal cases,
to secretly search his home.
"The Mayfield case is a poster child for Patriot Act abuse," the ACLU’s
Nojeim said. "It showcases how the unchecked powers in the law can
dramatically compound federal investigative errors and result in serious
civil liberties deprivations."
The ACLU’s letter on how the Patriot Act has been abused and misused is
available at:
http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=17911&c=206
---
American Civil Liberties Union Banner
URL: http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=17935&c=206
Bipartisan Legislation Would Fix Worst Parts of Patriot Act While
Maintaining Key Law Enforcement Powers
April 5, 2005
WASHINGTON - New bipartisan legislation that will be introduced tomorrow
would bring some of the most extreme provisions of the Patriot Act back
in line with the Constitution, the American Civil Liberties Union said.
The bill would restore checks and balances on federal domestic spying
powers and narrow several controversial Patriot Act provisions.
FOR IMMEDIATE RELEASE
Contact: Media at dcaclu.org
WASHINGTON - New bipartisan legislation that will be introduced tomorrow
would bring some of the most extreme provisions of the Patriot Act back
in line with the Constitution, the American Civil Liberties Union said.
The bill would restore checks and balances on federal domestic spying
powers and narrow several controversial Patriot Act provisions.
"This critical legislation is introduced as bipartisan opposition to
some of the worst Patriot Act provisions is growing both inside and
outside of Congress," said Gregory T. Nojeim, Associate Director of the
ACLU Washington Legislative Office. "As the Senate and House Judiciary
committees hold hearings to examine what liberties we’ve lost since
9/11, lawmakers should remember that this remedy is at hand."
The Security and Freedom Enhancement (SAFE) Act was announced at a news
conference held today by Senators Larry Craig, a Republican from Idaho,
and Richard Durbin, a Democrat from Illinois.
The ACLU said that most of the voluminous Patriot Act is actually
unobjectionable from a civil liberties point of view and added that the
law makes important changes that give law enforcement agents the tools
they need to protect against terrorist attacks. A few provisions,
though, unnecessarily trample civil liberties, and must be revised to
bring them in line with the Constitution. To that end, the Safe Act would:
* Scale back the government’s authority to seize personal information--
credit reports, communications records and financial information --
through National Security Letters without judicial review. A federal
court recently found the NSL statute applicable to Internet Service
Providers unconstitutional because of its "unparalleled level of secrecy
and coercion." The Safe Act gives the recipient the right to ask a court
to limit the request and protect privileged information. It also places
limits on gag order restrictions.
* Narrow the "sneak and peek" provision in the Patriot Act, which allows
federal agents to get court authorization to search Americans’ homes
without notifying them for weeks or even months.
* Refine section 215, which allows the F.B.I. to obtain a rubberstamp
court order giving it access to Americans’ medical, business, library
and even genetic records without probable cause. The bill would preclude
investigative fishing expeditions by requiring some individualized
suspicion.
Last week, Montana became the fifth state to pass a resolution critical
of the Patriot Act as its state legislature passed one of the most
strongly worded resolutions to date. Resolutions have passed in nearly
400 communities representing nearly 60 million people.
"Legislators in communities all across America have fixes to the Patriot
Act in mind, and we applaud these U.S. senators for the same focus,"
Nojeim said. "Both the left and right want to make sure the Patriot Act
keeps us safe and free, and this legislation is a critical first step."
For more information on the Patriot Act, go to:
http://www.aclu.org/patriot
----
American Civil Liberties Union Banner
URL: http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=17920&c=206
Patriot Act Abuses and Misuses Abound, ACLU Says; Disclosure Comes
Before Congress Begins Review of Controversial Law
April 4, 2005
WASHINGTON - A day before Congress begins its oversight of the
controversial Patriot Act, the American Civil Liberties Union today
responded to an inquiry by Senator Dianne Feinstein (D-CA) about abuses
of the Patriot Act, saying that the Patriot Act has been abused and
misused repeatedly by the government since its enactment.
FOR IMMEDIATE RELEASE
Contact: Media at dcaclu.org
WASHINGTON - A day before Congress begins its oversight of the
controversial Patriot Act, the American Civil Liberties Union today
responded to an inquiry by Senator Dianne Feinstein (D-CA) about abuses
of the Patriot Act, saying that the Patriot Act has been abused and
misused repeatedly by the government since its enactment.
"Despite the secrecy that permeates the Patriot Act, it’s clear that it
has been abused and misused," said Anthony D. Romero, ACLU Executive
Director. "The government has committed these transgressions without
apology or regret and has simultaneously sought to expand the powers
granted under the Patriot Act. As Congress reviews the Patriot Act, we
hope that it will fully examine these abuses and act to ensure that our
civil liberties and privacy are not unnecessarily curtailed under the
guise of national security."
"Although the Department of Justice has not been forthcoming, some
abuses have seen the light of day," Romero added. "It is quite likely
that there are many more abuses being kept hidden from the American
public and Congress. Such secrecy is abhorrent to our rule of law."
Both the Senate and House Judiciary Committees are expected to hold
oversight hearings on the Patriot Act this week. Lawmakers will only
hear from administration officials at these inaugural hearings, and the
ACLU has asked that members question Attorney General Alberto Gonzales
and FBI Director Robert Mueller about the abuses and misuses of the
Patriot Act.
According to reports, the Patriot Act has been used to:
* Secretly search the home of Brandon Mayfield, a Muslim attorney whom
the government wrongly suspected, accused and detained as a perpetrator
of the recent train bombing in Madrid.
* Charge, detain, and prosecute a Muslim student in Idaho, Sami
al-Hussayen, for providing "material support" to terrorists because he
posted to an Internet website links to objectionable materials, even
though such links were available on the websites of a major news outlet
and of the government’s own expert witness in the case.
* Serve a National Security Letter (NSL) on an Internet Service Provider
(ISP) so coercive under the provisions of the NSL statue that a federal
court struck down the entire statute - as vastly expanded by the Patriot
Act - used to obtain information about e-mail activity and web surfing
for intelligence investigations.
* Gag that ISP from disclosing this abuse to the public, and gag the
ACLU itself, which represents the ISP, from disclosing this abuse to the
public when ACLU became aware of it, and from disclosing important
circumstances relating to this abuse and other possible abuses of the
gag, even to this very day.
* Investigate and prosecute crimes that are not terrorism offenses, even
though it cited terrorism prevention as the reason Congress should enact
the law, and cites terrorism prevention as the reason why it cannot be
changed.
The ACLU noted that some of these powers were available to law
enforcement before 9/11, but that they were vastly strengthened or
broadened by the Patriot Act. The expansions made by the Patriot Act
facilitated each abuse.
As Congress reviews the Patriot Act, the ACLU said that the lack of
disclosure from the Department of Justice on the use of the Patriot Act
remains alarming. The stonewalling of the Department has drawn
Congressional rebuke as well. Last week, Senators Jon Kyl (R-AZ) and
Feinstein, the Chairman and ranking member of the Senate Judiciary
Subcommittee on Terrorism, Technology and Homeland Security released a
bipartisan report on national efforts to protect against terrorism,
noting the lack of disclosure from the Justice Department.
The report stated, "Requests to the Department of Justice to provide a
comprehensive report assessing the effect and efficacy of the sixteen
provision of the Patriot Act subject to "sunset" remain unfulfilled.
Such a report is a critical element in the Subcommittee’s, and indeed
the entire Committee’s, responsibility to provide meaningful oversight
before determining whether to change the law with respect to these
provisions."
The ACLU pointed to growing bi-partisan concerns over the Patriot Act.
Last month, the ACLU joined forces with several conservative
organizations under the umbrella group, Patriots to Restore Checks and
Balances, to urge Congress and the administration to fix the most
extreme provisions of the Patriot Act. Members include former
Congressman Bob Barr, Americans for Tax Reform, the American
Conservative Union and others.
Nationwide, pro-civil liberties resolutions have passed in 375
communities in 43 states, including the state legislatures of Alaska,
Hawaii, Vermont , Maine and Montana. Most of the resolutions call upon
Congress to bring the Patriot Act back in line with the Constitution.
These communities represent approximately 56.2 million people.
"Our findings show that our concerns about the Patriot Act are not
raising ‘phantoms of lost liberty’ - they are genuine fears," said
Gregory T. Nojeim, associate director of the ACLU Washington Legislative
Office. "The sales pitch of the Bush administration is that the Patriot
Act is needed to protect the country from terrorists. But the truth is
that the act has been abused, and been used often for investigations of
crimes that are not terrorism. The Patriot Act must be modified to give
law enforcement the tools it needs and to preserve our commitment to
privacy and freedom."
The ACLU’s letter to Senator Feinstein is available at:
http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=17911&c=206
© ACLU, 125 Broad Street, 18th Floor New York, NY 10004 This is the Web
site of the American Civil Liberties Union and the ACLU Foundation.
Learn more about the distinction between these two components of the ACLU.
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New York Times
April 6, 2005
Antiterrorism Law Defended as Hearings Start
By ERIC LICHTBLAU
WASHINGTON, April 5 - The Justice Department stood firm on Tuesday in
opposing wide-ranging efforts to limit the government's ability to
demand library records and conduct secret searches in intelligence
investigations, but it did agree to minor modifications in the sweeping
antiterrorism law passed after the Sept. 11 attacks.
"The department has no interest in rummaging through the library records
or the medical records of Americans," Attorney General Alberto R.
Gonzales told the Senate Judiciary Committee.
At the same time, however, Mr. Gonzales said "libraries should not
become safe havens for people who are here in this country and do want
to do harm to other Americans."
Mr. Gonzales's forceful defense of the expanded antiterrorism powers
granted under the USA Patriot Act came at the start of what is expected
to be months of hearings in both the Senate and the House. Sixteen
provisions in the law are to expire by year's end, and a decision over
whether to extend them, and whether the government's expanded powers
have eroded civil liberties, is shaping up as one of the biggest
legislative battles in the current Congress.
"Before we rush to renew any controversial powers created by the Patriot
Act," said Senator Patrick J. Leahy of Vermont, the ranking Democrat on
the panel, "we need to understand how these powers have been used and
whether they've been effective."
With the Justice Department lobbying for expanded powers and harsher
sentences to fight terrorism, a group of Republican and Democratic
senators countered by reintroducing a stalled proposal that would
restrict the government's ability to demand records and conduct searches
in terror investigations.
Senator Charles E. Schumer, Democrat of New York, said at the hearing on
Tuesday that he planned to introduce an amendment to the Patriot Act
that would bar anyone on a federal terrorism watch list from buying a
gun. Mr. Schumer's proposal comes weeks after a Congressional report
found that dozens of terror suspects were allowed to buy guns last year
because being on a watch list does not, on its own, prevent such a purchase.
Senators from both parties said on Tuesday that the lack of firm data
from the Bush administration hindered their ability to assess the
effects of using the antiterrorism law. In an effort to ease those
concerns, the Justice Department released newly declassified data for
the second straight day.
The latest batch dealt in part with the department's use of Section 215
of the law, known by critics as the "library provision" because it
allows the government to demand library records in intelligence
investigations. The newly declassified data showed that in 35 instances
since late 2003, the department had used the law to gain access to
information on apartment leasing, driver's licenses, financial records
and other data in intelligence investigations.
Mr. Gonzales emphasized, however, that the department had never used the
provision to demand records from libraries or bookstores or to get
information related to medical or gun records - all areas that have
prompted privacy concerns and protests from civil rights advocates,
conservative libertarians and other critics of the law.
Officials acknowledged that some libraries had turned over records
voluntarily, while the Justice Department has secured access to other
library material through traditional criminal subpoenas.
Senator Arlen Specter, the Pennsylvania Republican who leads the
Judiciary Committee, asked Mr. Gonzales whether the administration would
consider exempting libraries from Section 215. But Mr. Gonzales and
Robert S. Mueller III, director of the Federal Bureau of Investigation,
who testified alongside Mr. Gonzales, rejected the idea and said such a
move would harm the government's ability to track terrorism because
suspects had been known to use library computers to communicate with one
another and to research jihadist literature.
Noting that the Justice Department had not used the law to demand
library records, Mr. Gonzales said: "It should not be held against us
that we've exercised, in my judgment, restraint. It's comparable to a
police officer who carries a gun for 15 years and never draws it. Does
that mean that for the next five years he should not have that weapon
because he had never used it?"
Mr. Specter, an ally of the Bush administration on many law enforcement
issues, was not persuaded. "Attorney General Gonzales, I don't think
your analogy is apt," he said, "but if you want to retain those records
as your position, I understand."
In what Justice Department officials characterized as a "clarification"
of existing policy, Mr. Gonzales said the administration supported
amending the law to allow someone served with a demand for records to
contact a lawyer, a concession sought by critics.
He also said the administration would support establishing in the law
that the records must be considered "relevant" to a national security
investigation, but he rejected overtures from some committee members to
impose a higher standard of proof in establishing "probable cause" that
the records were needed in an intelligence investigation.
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29 Mar 2005
Dear Bob:
I understand, but have not yet checked on this, that the Department of
Justice Office of Inspector General has recently issued a report dated
Mar 11 (2005) on complaints received over abuses of the USA PATRIOT Act.
If that report exists you should be able to trace it through the DOJ
Website by going to the Office of Inspector General page. Reports of
this sort should be available for download in .pdf format.
As well, my book "No Greater Threat" contains details of many instances
where prosecutions have been conducted under the PATRIOT Act that
qualify as abuses. Book is available at barnes&noble.com and amazon.com.
The update of the book, which should be available this Summer, contains
even more.
For one example, you can search the Internet for a story involving the
owner and workers at a restaurant in Illinois called the "Crazy Tomato."
They were the subject of an FBI arrest and investigation that was so
botched, the FBI had to issue a rare public apology. Try searching for
the restaurant name and "FBI" and you should get something.
Then there was the situation of an arrest in New York of a professor who
originally was charged with bioterrorism under a bioterror law amended
by the PATRIOT Act, because he had harmless strains of a bacteria in a
makeshift lab in his home, as part of an creative arts project. The
police learned of this when he called them to the house after his wife's
death there. They investigated and found nothing suspicious about the
death, but saw the petri dishes and swung into action. They cordoned off
the block, called in the feds, and we were off and running. Dont have
the professor's name because I dont have my notes in front of me at the
moment. But searching the Internet for "professor" and "bacteria" and
"New York" and "FBI" will probably do it. Very interesting and ongoing
story.
Then (one of my favorites) there was the case of a woman on a cruise
ship on the West Coast who was despondent about being forced to take the
cruise by her parents because they wanted to get her away from what her
parents felt with an unhealthy relatiionship with her boyfriend. To try
to get off the boat and be reunited with her boyfriend, she left
threatening notes claiming that she would damage the boat or crew unless
it put into port, something like that. The notes were found, police were
called, the boat put into port, SWAT teams arrived with dogs, the entire
ship was searched, crew and passengers interviewed, and the woman was
charged with a variety of federal crimes. I believe she was sentenced to
a term in prison. Try searching for "cruise ship" and "terrorism" and
you should find that story. (I believe she was sentenced to prison even
though she was pregnant at the time).
Then there is a case of several Muslim activists in Virginia who were
charged and convicted of material support for terrorism, because among
other things the defendants were playing paint-ball in a woods in
Virginia, which the FBI investigated and determined was a ruse for an
actual training operation for potential terrorist attack. These guys
were convicted or pled guilty and were sentenced to long terms in
federal prison. The case became known as the "Virginia jihad paintball
case" and was a cause of great concern and activism by the local Muslim
community. You can try searching for "paint ball" and "terrorism" and
"Virginia" and probably find that one.
The Muslim activist organization , Council on Arab-Islamic Relations
(CAIR) may have a report on a variety of cases like this. You can also
try the national ACLU website for similar reports.
And of course one of the most real and serious situations, and one very
much ongoing and still in the news, is of attorney Lynne Stewart in New
York. She is a well know activist attorney in the style of William
Kunstler and Ron Kuby. She represented, and still does, the shiek who
was charged and convicted of the terrorist plot in the original World
Trade Center bombing. Supposedly, as part of her usual visits with him,
she passed along some messages on behalf of the shiek and held a press
conference to discuss some views of his. These, admittedly, were
violations of strict terms of visiting policies concerning the shief
which also applied to her, as imposed by the Bureau of Prisons. So she
was criminally prosecuted. But, she was charged not just with violating
those administrative rules, but also charged with MATERIAL SUPPORT FOR
TERRORISM. She has been CONVICTED of those charges and stands to serve
more than 20 years in jail, not to mention also being disbarred. Part of
the evidence against her was confidential monitoring of attorney-client
communications conducted by the FBI, under the PATRIOT Act. You can
search the website for this www.lynnestewart.org, to get some background.
----
Hi Bob,
First, I would point out that two federal courts have struck down as
unconstitutional key USAPA provisions. Humanitarian Law Project vs.
Ashcroft struck down section 805(a)(2)(b), the "expert advice or
assistance" provision, ruling that it was so vague that it included
First Amendment protected activities. The second case, which the NYCLU
co-counsels, struck down section 505, the National Security Letters
provision, ruling that it violated First Amendment free speech rights
and the right to be free from unreasonable search and seizure under the
Fourth Amendment. SDNY Judge Marrero said in the ruling, "Democracy
abhors undue secrecy." Great quote.
Second, I strongly recommend that you use the case example of Sami Omar
al-Hussayen, an Idaho college graduate student who was indicted under
USAPA's material support provision and found not guilty by all 12 Idaho
jurors. He was accused of operating a website that included links to
other websites that included some statements that supported terrorism.
That's comparable to indicting the webmaster for the NY Times for
including links to taped messages of Osama Bin Laden. He was arrested
in a pre-dawn raid on his apartment in February 2003. He spent 17
months in jail, and was never convicted of any wrongdoing. The
government spent 2.5 years and millions of dollars to investigate and
prosecute him. It was a complete waste of time.
Third, I have a great example for you for that "Times of Kansas" example
you wanted. How about the Des Moines Register? It looked into the 35
terrorism arrests in Iowa claimed by the Justice Department. According
to the Register, the books were cooked Enron style. The paper spoke
with one of the federal district court judges who according to the DOJ
presided over at least six of the terrorism cases. According to Judge
Pratt, "If there have been any terrorism-related arrests in Iowa, I
haven't heard of them." That's a quote. Get a copy of the article for
some great examples of what DOJ considers "terrorism."
As for the examples given by Aram, some of them are not USAPA examples.
The CBS News report is about the DOJ Inspector General report released
in 2003. It is not about USAPA abuses, but rather relies on a USAPA
provision to investigate civil rights/liberties abuses. This is
important, since people make the common mistake that it's a report about
USAPA abuses. That's incorrect. Same goes for the other IG report
cited.
As for a compilation of general DOJ abuses, you may find some helpful
info on http://www.watchingjustice.org.
Best,
Udi
Udi Ofer
Project Director, Bill of Rights Defense Campaign
New York Civil Liberties Union
125 Broad Street, 17th Floor
New York, NY 10004
Tel: (212)344-3005 ext. 242
---
Bob-- I do not have as a comprehensive a list that you are asking, but
here is a few to get you started:
CBS News reports of PA abuses with no cause:
http://www.cbsnews.com/stories/2003/07/21/attack/main564189.shtml
Brandon Mayfield case (and other abuses). Mayfield (lawyer in
Oregon who changed his religion and became Muslim and married a
Muslim female, I think from Egypt, not sure where she is was born)
was accused of working w/ terrorist in the Spain bombing and was
jailed w/o access to lawyer, knowing the charges against him etc., he
was released finally w/o any charges against him, he's suing the
Justice Department
http://www.prisonplanet.com/articles/june2004/062204patriotactabuses.htm
mis-use of PA to get a person who is alleged of pirating MGM movies,
some terrorist :-)), we all should feel safe now :-))
http://polemic.enduphere.com/?p=414
Summary of Inspector General report on allegation of dozens of PA
abuses at Justice Department, I'm not sure if the IG report ever was
made public
http://talkleft.com/new_archives/003200.html
Canadian-Syrian who was arrested while changing planes in JFK
on his way from an overseas trip to go home to his country of
residence Canada. In Syria the guy was "done" nicely and finally
released, he is considering to sue US government, Canada has
protested to US
http://www.zerra.net/freemohamed/content.php?content.36
To date "no indictment" handed down for 1,000s (the actual number
is unknown) of arrested in US, the only likely person would be the
20th 9/11 hijacker whose case has not gotten to trial yet, the US
Supreme Court just had a ruling on his case regarding access
to others arrested overseas for him to prepare his case, the US
SC sided w/ the government. --Aram.
Fax: (212)344-3329
Chuck Michaels, Esq.
cwmichaels at igc.org
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